Imports

Tariff Classification
The tariff classification of merchandise governs the rate of duty applicable upon entry. Proper classification requires a detailed legal analysis and thorough knowledge of the international Harmonized Tariff System (HTS), which has been adopted by over 120 countries of the world. In the U.S., knowledge of the HTSUS, Customs rulings and practices, as well as court decisions is essential to effective and practical strategies. Barnes/Richardson draws on more than seven decades of experience in the area of classification to identify the classification resulting in the lowest legally correct rate.

Customs Valuation
Importers must ensure that the correct method of valuation is applied to their merchandise and that all elements of value prescribed by statute are included in the value reported to the customs authorities. Customs valuation is also subject to international obligations under the GATT Valuation Code, which has been accepted by over 100 countries. As a participant in the legislative evolution of the Valuation Code and U.S. law through successive valuation methodologies, Barnes/Richardson brings to bear unparalleled expertise on issues of valuation.

Customs Legal Compliance Programs
Congress has placed the burden of compliance with the laws and regulations administered by the Customs and Border Protection upon importers. Importers must discharge this responsibility with reasonable care. That means putting in practical business systems and procedures that ensure importers meet Customs expectations of informed compliance. Barnes/Richardson designs and assists in the implementation of legal compliance programs specifically tailored to the needs of individual clients, including internal compliance reviews, the preparation of comprehensive manuals, internal training seminars and other services designed to ensure and document the exercise of reasonable care.

Trade Agreements and Duty Reduction
Successive rounds of GATT/WTO negotiations and free trade area negotiations such as those leading to the NAFTA have presented opportunities for those importers and domestic industries that are alert to the developments in these negotiations and that present their views effectively.

Barnes/Richardson has represented clients in every round of GATT/WTO negotiations since 1948, and is well versed in the intricacies of such international trade negotiations. The Firm now brings this experience to the proceedings of the World Trade Organization and other multi-lateral organizations.

The North American Free Trade Agreement, other similar agreements and programs such as the Generalized System of Preferences, AGOA, and duty drawback have given importers unprecedented opportunities to reduce the duties on shipments to the United States and have created new avenues for U.S.-based importers to take advantage of economic opportunities for suppliers and factories in worldwide. We provide expert support in developing duty-reduction programs, including the completion of Certificates of Origin and the development of systems for communicating technically detailed NAFTA requirements to suppliers and customers. We also provide assistance with NAFTA verifications, GSP audits, the operation of Foreign Trade Zones, duty drawback, and other duty reduction opportunities.

Investigation & Audits
Formal investigations conducted by U.S. Customs and Border Protection, Immigration and Customs Enforcement, or other enforcement agencies and audits conducted by Customs auditors can result in significant additional duty liability and the assessment of substantial penalties. Barnes/Richardson provides guidance and representation throughout the course of investigations and audits seeking to eliminate exposure to additional duty or penalty liability.

Intellectual Property
The Bureau of Customs and Border Protection is responsible for enforcing U.S. intellectual property laws at the border. If you own valuable trademarks, copyrights or other intellectual property, you want to ensure that no one is importing goods using your intellectual property into the U.S. without your permission. Whether importing or challenging "gray market" goods or counterfeit articles, strategies are available to you to protect your interests. Similarly, if imported merchandise is detained or seized due to an alleged copyright or trademark violation, Barnes/Richardson can help you contest this action through the CBP internal process or, if necessary, in the U.S. District Court.

"Section 337" investigations are unfair competition investigations conducted by the United States International Trade Commission (ITC). Most often, these cases involve claims regarding intellectual property rights, including allegations of patent and trademark infringement by imported goods. Both utility and design patents, as well as registered and common law trademarks, may be asserted in their investigations. The remedies available under Section 337 include exclusion orders directing Customs to stop infringing imports from entering the United States, as well as cease and desist orders against named importers and other persons engaged in unfair acts violative of Section 337. Expedited relief in the form of temporary exclusion orders and temporary cease and desist orders may also be available in certain exceptional circumstances. Relief may include exclusion orders covering imported downstream products into which infringing merchandise has been incorporated before importation. Section 337 investigations include trial proceedings before administrative law judges and review by the ITC.

Barnes/Richardson attorneys have considerable experience litigating Section 337 investigations before the ITC, representing both complainants and respondents. Furthermore, our attorneys are active in specialized bar associations and industry groups that are dedicated to monitoring developments in the Section 337 practice area, including the ITC Trial Lawyers Association.

Cargo Security
The security of your supply chain is an important area of focus for Customs & Border Protection. To avoid delays in the release of merchandise as well as to gain access to certain benefits from Customs, importers may wish to participate in the Customs-Trade Partnership Against Terrorism, or C-TPAT. Come to this page for news and developments relating to C-TPAT and other security related programs such as Free and Secure Trade and the Cargo Security Initiative.

Product Safety
Customs and Border Protection is the agency primarily responsible for the identification and interdiction of imported products that pose a risk to the public health and safety. Many of the relevant rules and regulations have been enacted by the Consumer Products Safety Commission pursuant to the Consumer Products Safety Improvements Act. Barnes/Richardson assists companies seeking to avoid delay and expense through compliance with these regulations and by working with Customs when issues arise.

Litigation and AppealsCourt of International Trade Litigation
Given the technical nature of international trade regulation, some disputes cannot be resolved satisfactorily without the guidance of the Courts. Private litigants before the Court of International Trade must overcome legal presumptions and burdens of proof which favor agency decisions. Barnes/Richardson has a long history of representing importers as both plaintiffs and defendants before the Court of International Trade.

Binational Panel Reviews
The NAFTA and its predecessor, the U.S.-Canada Free Trade Agreement, established unique dispute resolution procedures for international trade disputes in which the parties present their cases to a panel of decision-makers made up of both foreign and U.S. nationals. Since its representation of a client before the second Binational Panel convened, the Firm has been a pioneer in the conduct of such reviews.

Court of Appeals for the Federal Circuit Appeals
Private litigants must be assured that their counsel is able and prepared to effectively represent them not only at the trial court but also through appeal to the Court of Appeals for the Federal Circuit and, if necessary, the U.S. Supreme Court. The experience and expertise of Barnes Richardson & Colburn lawyers is present from the administrative level to the completion of the final appeal.

General Litigation Services
Sometimes in the course of business, disputes arise regarding selling or moving goods in international business. These could relate to contract claims, disputes regarding losses of goods in transit, collection of monies owed, or enforcement of the terms of a bill of lading. BR&C is uniquely experienced in the practicalities of international trade and in addressing claims relating to commercial international transactions. That experience is invaluable in favorably disposing of disputes, be it through the negotiation of an agreed settlement or proceeding through mediation, arbitration or litigation.